1. What is your understanding of Hours Worked as provided by the Labor Code?

Explain the legal discourse of the: TRAVEL TIME, IDLE TIME and WAITING TIME.

Article 84 of the Labor Code provides for the definition of Hours Worked. Hours worked
shall include (a) all time during which an employer is required to be on duty or to be at a
prescribed workplace; and (b) all time during which an employee is suffered or permitted to
work. Rest periods of short duration during working hours shall be counted as hours worked.
TRAVEL TIME
A.Travel from home to work - An employer who travels from home before his regular workday
and returns to his home at the end of the workday is engaged in ordinary home-to-work travel
which is a normal incident of employment and, therefore, not considered as hours worked.
B.Travel that is all in the days work Time spent by an employee in travel as part of his
principal activity, such as travel from jobsite to jobsite during the workday, must be counted as
hours worked.
C.Travel away from home Travel that keeps the employee away from home overnight is travel
away from home. Travel away from home is clearly working time when it cuts across the
employees workday. Any work which an employee is required to perform while traveling must
be counted as hours worked. An employee who drives a truck, bus, automobile, boat or airplane
or an employee who is required to ride therein as an assistant or helper, is working while riding.
IDLE TIME
Rest periods of short duration during working hours are considered and counted as
hours worked. Rest periods or coffee breaks running from five to twenty minutes are considered
as compensable working time.
WAITING TIME
Waiting time spent by an employee shall be considered as working time if waiting is an
integral part of his work or the employee is required or engaged by the employer to wait.
2. In question number 1 are they compensable? Explain
They are compensable if they are an integral part of the nature of the work being done by
the employee. Furthermore, the Implementing Rules of the Labor Code provides that the time
during which an employee is inactive by reason of interruptions in his work beyond his control
shall be considered working time either if the imminence of the resumption of work requires the
employees presence at the place of work or if the interval is too brief to be utilized effectively
and gainfully in the employees own interest.

3. Explain the coverage of Art. 82 of the Labor Code. Are there any exceptions? Explain
the reason for their exception .
As a general rule, the provisions of Title I, Book III and the corresponding provisions in
the Rules to Implement the Labor Code are applicable to all employees in all establishments

and undertakings, whether operated for profit or not. However, Article 82 expressly provides the
following persons or employees exemptions from coverage:
a. Government employees
Government employees, whether employed by the national government or by any of its
political subdivisions including those employed in government-owned and/or controlled
corporations with original charters are excluded from the coverage. The rationale for their
exclusion is that they are governed by the Civil Service Law, rules and regulations.
b. Managerial employees
Managerial employees are excluded because of their functions. Their primary duty
consists in the management of the establishment in which they are employed. They
customarily and regularly direct the work of two or more employees and they have the authority
to hire or fire other employees of lower rank.
c. Other officers or members of a managerial staff
They are excluded if their primary duty consists of the performance of work directly
related to the management policies of their employer. They will also be excluded if they
customarily and regularly exercise discretion and independent judgment.
d. Domestic servants and persons in the personal service of another
Domestic servants and persons in the personal service of another are excluded, if they
perform such services in the employers home which are usually necessary or desirable for the
maintenance and enjoyment thereof, or minister to the personal comfort, convenience or safety
of the employer as well as the members of his employers household.
e. Workers paid by results
Generally, workers are paid by results are those whose work is not measured in
accordance with the time they spent to complete the work. The time element is in fact an
immaterial consideration. The employees value of work are being measured either by piece or
by task.
f.

Field personnel
The exclusion of field personnel from labor standards is confined to Hours of Work
because of the nature of their assignment. Non-agricultural field personnel are excluded from
the coverage if they regularly perform their duties away from the principal location of business of
the employer and whose actual hours of work in the field cannot be determined with reasonable
certainty.
g. Members of the family of the employer
Members of the family of the employer who are dependent upon him for support are
excluded. As to who are considered as members of the family, both the Labor Code and the
implementing rules did not provide for its specification. In the absence of such definition, it just
does not cover the real and immediate members of the family of the member but also those who
are considered as family members in its loose sense which includes those who are living with
the employer and dependent on him for support.

4. State and explain the case of Calalang vs. Williams.

Maximo Calalang, in his capacity as a private citizen and as a taxpayer of Manila,
brought before the Supreme court the petition for a writ of prohibition. In pursuance of
Commonwealth Act 548 which mandates the Director of Public Works, with the approval of the
Secretary of Public Works and Communications, shall promulgate the necessary rules and
regulations to regulate and control the use of and traffic on such roads and streets to promote
safe transit upon, and avoid obstructions on, roads and streets designated as national roads,
the Director of Public Works adopted the resolution of the National Traffic Commission,
prohibiting the passing of animal drawn vehicles in certain streets in Manila. The National Traffic
Commission resolved to recommend to the Director of Public Works and to the Secretary of
Public Works and Communications that animal-drawn vehicles be prohibited from passing along
Rosario Street extending from Plaza Calderon de la Barca to Dasmarias Street, from 7:30 a.m.
to 12:30 p.m. and from 1:30 p.m. to 5:30 p.m.; and along Rizal Avenue extending from the
railroad crossing at Antipolo Street to Echague Street, from 7 a.m. to 11 p.m., from a period of
one year from the date of the opening of the Colgante Bridge to traffic. The Supreme Court held
that the promotion of social justice is to be achieved not through a mistaken sympathy towards
any given group. Social justice is neither communism, nor despotism, nor atomism, nor anarchy,
but the humanization of laws and the equalization of social and economic forces by the State so
that justice in its rational and objectively secular conception may at least be approximated.
Social justice means the promotion of the welfare of all the people, the adoption by the
Government of measures calculated to ensure economic stability of all the component elements
of society, through the maintenance of a proper economic and social equilibrium in the
interrelations of the members of the community, constitutionally, through the adoption of
measures legally justifiable, or extra-constitutionally, through the exercise of powers underlying
the existence of all governments on the time-honored principle of salus populi est supremo lex.
5. In four sentences, explain the significance of SOCIAL JUSTICE in Labor Laws.
Social justice must be founded on the recognition of the necessity of interdependence
among diverse units of a society and of the protection that should be equally and evenly
extended to all groups as a combined force in our social land economic life. As interdependent
and indispensable partners in nation-building, labor and management need each other to foster
productivity and economic growth; hence, the need to weigh and balance the rights and welfare
of both the employee and employer. There is a need to apply a balanced approach to labormanagement relations and dispense justice with an even hand in every case.
6. State at least FIVE (5) constitutional provisions that relate to labor?
number citations will not be given credit.

Simple

Article II Section 9. The State shall promote a just and dynamic social order that will ensure the
prosperity and independence of the nation and free the people from poverty through policies
that provide adequate social services, promote full employment, a rising standard of living, and
an improved quality of life for all.

Article II Section 13. The State recognizes the vital role of the youth in nation-building and shall
promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall
inculcate in the youth patriotism and nationalism, and encourage their involvement in public and
civic affairs.
Article II Section 18. The State affirms labor as a primary social economic force. It shall protect
the rights of workers and promote their welfare.
Article III Section 8. The right of the people, including those employed in the public and private
sectors, to form unions, associations, or societies for purposes not contrary to law shall not be
abridged.
Article XIII Section 3. The State shall afford full protection to labor, local and overseas,
organized and unorganized, and promote full employment and equality of employment
opportunities for all.
It shall guarantee the rights of all workers to self-organization, collective bargaining and
negotiations, and peaceful concerted activities, including the right to strike in accordance with
law. They shall be entitled to security of tenure, humane conditions of work, and a living wage.
They shall also participate in policy and decision-making processes affecting their rights and
benefits as may be provided by law.
The State shall promote the principle of shared responsibility between workers and employers
and the preferential use of voluntary modes in settling disputes, including conciliation, and shall
enforce their mutual compliance therewith to foster industrial peace.
The State shall regulate the relations between workers and employers, recognizing the right of
labor to its just share in the fruits of production and the right of enterprises to reasonable returns
to investments, and to expansion and growth.
7. What are the normal hours of work? What is the purpose of the law in imposing
such standard?
Article 83 of the Labor Code provides that, the normal work hours of any employee shall
not exceed eight (8) hours a day. The purpose of the law in limiting the working hours is to
protect the health and welfare of the employees. It is also for the purpose of providing time for
the employees ample time to lead a fruitful and richer life and to be able to participate
intelligently in public concerns. In addition, that setting a limit minimizes unemployment by
forcing employers to utilize different shifts of laborers or employees working only for eight hours
each.
8. What is meant by Illegal Recruitment?
Illegal Recruitment as stated in Article 38 refers to any recruitment activities, including
the prohibited practices enumerated under Article 34 of this Code, to be undertaken by nonlicensees or non-holders of authority, shall be deemed illegal and punishable under Article 39 of
this Code.

Illegal recruitment when committed by a syndicate or in large scale shall be considered

an offense involving economic sabotage and shall be penalized in accordance with Article 39
hereof.
Illegal recruitment is deemed committed by a syndicate if carried out by a group of three
(3) or more persons conspiring and/or confederating with one another in carrying out any
unlawful or illegal transaction, enterprise or scheme defined under the first paragraph hereof.
Illegal recruitment is deemed committed in large scale if committed against three (3) or more
persons individually or as a group.
9. What is/are the prohibited acts in Recruitment?
Article 34 of the Labor Code enumerates the prohibited acts to be undertaken by any
individual, entity, licensee in Recruitment or holder of authority.
a. To charge or accept, directly or indirectly, any amount greater than that specified in the
schedule of allowable fees prescribed by the Secretary of Labor, or to make a worker
pay any amount greater than that actually received by him as a loan or advance;
b. To furnish or publish any false notice or information or document in relation to
recruitment or employment;
c. To give any false notice, testimony, information or document or commit any act of
misrepresentation for the purpose of securing a license or authority under this Code.
d. To induce or attempt to induce a worker already employed to quit his employment in
order to offer him to another unless the transfer is designed to liberate the worker from
oppressive terms and conditions of employment;
e. To influence or to attempt to influence any person or entity not to employ any worker
who has not applied for employment through his agency;
f. To engage in the recruitment or placement of workers in jobs harmful to public health or
morality or to the dignity of the Republic of the Philippines;
g. To obstruct or attempt to obstruct inspection by the Secretary of Labor or by his duly
authorized representatives;
h. To fail to file reports on the status of employment, placement vacancies, remittance of
foreign exchange earnings, separation from jobs, departures and such other matters or
information as may be required by the Secretary of Labor.
i. To substitute or alter employment contracts approved and verified by the Department of
Labor from the time of actual signing thereof by the parties up to and including the
periods of expiration of the same without the approval of the Secretary of Labor;
j. To become an officer or member of the Board of any corporation engaged in travel
agency or to be engaged directly or indirectly in the management of a travel agency; and
k. To withhold or deny travel documents from applicant workers before departure for
monetary or financial considerations other than those authorized under this Code and its
implementing rules and regulations.
10. Is there a special rule with respect to normal working hours? State and explain
them.
Yes. Paragraph 2 of Article 83 of the Labor Code provides for the special rule in normal
working hours. It states that health personnel in cities and municipalities with a population of at
least one million (1,000,000) or in hospitals and clinics with a bed capacity of at least one
hundred (100) shall hold regular office hours for eight (8) hours a day, for five (5) days a week,

exclusive of time for meals, except where the exigencies of the service require that such
personnel work for six (6) days or forty-eight (48) hours, in which case, they shall be entitled to
an additional compensation of at least thirty percent (30%) of their regular wage for work on the
sixth day. For purposes of this Article, "health personnel" shall include resident physicians,
nurses, nutritionists, dietitians, pharmacists, social workers, laboratory technicians, paramedical
technicians, psychologists, midwives, attendants and all other hospital or clinic personnel.
The utilization of Compressed Work Week schedule is allowed in Department Order 21.
Parties are not prohibited from agreeing in a compressed workweek scheme,
whereby regular workweek is shortened but with longer work periods. For as long as
employees voluntarily agree to work for more than 8 hours a day in total in a week of which shall
not exceed normal weekly hours of work. Department Order 21 sanctions this scheme in
consideration that the employees derived therefrom such as savings on cost for transportation
and meals and longer weekends beneficial for rest, leisure, and time for the family.
11. State and explain the Seven Cardinal Rights of Workers?
Right to self-organization This pertains to the right of an employee to form, join, assist labor
organizations of their own choice. It shall be unlawful to restrain any worker from the exercise
of their right to self-organization. The right shall include to form, join or assist labor organizations
for the purpose of collective bargaining and to engage in lawful concerted activities for the
purpose of their aid and protection.
Right to collective bargaining Allows the employer and employee the process to negotiate and
reach an agreement in how to regulate working conditions.
Right to conduct strike It is a constitutional and legal right of the workers as employers have
the right to lockout, all within the context of labor relations and collective bargaining. The law
recognizes to ground for the valid exercise of the right to strike, namely, unfair labor practices
and bargaining deadlock.
Right to security of tenure It is a guarantee that the employer shall not terminate the services
of the employee without just cause or reason.
Right to humane conditions of work These conditions are not limited to physical workplace but
include as well the manner by which employers treat their employees.
Right to a living wage The right of an employee to receive an income sufficient to support and
provide for familys food and non-food expenditures and maintain a decent standard of human
existence.
Right to participate in policy-making processes affecting their rights It provides for the
guarantee for labor to have participation in arriving at those decisions which affect their right and
benefits through grievance procedure, conciliation proceedings, voluntary modes of settling
disputes and collective bargaining and negotiations.
12. When may an employer require his employees to work on any day even on a rest
day?
Article 89 of the Labor Code provides for the situations wherein an employer may
require his employee to work even on a rest day.

a. When the country is at war or when any other national or local emergency has been
declared by the National Assembly or the Chief Executive;
b. When it is necessary to prevent loss of life or property or in case of imminent danger to
public safety due to an actual or impending emergency in the locality caused by serious
accidents, fire, flood, typhoon, earthquake, epidemic, or other disaster or calamity;
c. When there is urgent work to be performed on machines, installations, or equipment, in
order to avoid serious loss or damage to the employer or some other cause of similar
nature;
d. When the work is necessary to prevent loss or damage to perishable goods; and
e. Where the completion or continuation of the work started before the eighth hour is
necessary to prevent serious obstruction or prejudice to the business or operations of
the employer.
f. Is it always required by law that in order to be non-compensable, meal periods should
not be less than one (1) hour? Why or Why not? Explain with legal basis.
g. Is it always required by law that in order to be non-compensable, meal periods should
not be less than one (1) hour? Why or Why not? Explain with legal basis.

13. Is it always required by law that in order to be non-compensable, meal periods

should not be less than one hour? Why or Why not? Explain with legal basis.
No. The Implementing Rules of Labor Code, specifically Section 7 Rule I of Book III
provides for the exemption where in shortening the meal time to not less than 2o minutes are
compensable.
a. Where the work is non-manual work in nature or does not involve strenuous physical
exertion;
b. Where the establishment regularly operates not less than sixteen (16) hours a day:
c. In case of actual or impending emergencies or there is urgent work to be performed
on machineries equipment or installations to avoid serious loss which the employer
would otherwise suffer; and
d. Where the work is necessary to prevent serious loss of perishable goods.
14. Define exhaustively the following:
Employee refers to a person who works for an employer. He is a person who is compensated
for his labor or services by wags rather than profits.
Employer refers to a person who employs the services of others and ho pays for their wags or
salaries. It includes the principal employer or any person acting in his interest, directly or
indirectly but does not include any labor organization or any of its officers or agents except
when said labor organization or its officers or agents act as employer.
Labor The aggregate of all human physical and mental effort used in creation of goods and
services. It is a productive activity done for the purpose of economic gain.
Work to be engaged in physical or mental activity in order to achieve a purpose or result
especially in ones job.

Wage shall mean the remuneration or earnings, however designated, capable of being
expressed in terms of money, whether fixed or ascertained on a time, task, piece, or
commission basis, or other method of calculating the same, which is payable by an employer to
an employee under a written or unwritten contract of employment for work done or to be done,
or for services rendered or to be rendered and includes the fair and reasonable value, as
determined by the Secretary of Labor and Employment, of board, lodging, or other facilities
customarily furnished by the employer to the employee.
Labor Law is the law governing the rights and duties of the employer and employees with
respect to the terms and conditions and with respect to labor disputes arising from collective
bargaining.
Labor Legislation - consists of statutes, regulations, and jurisprudence governing the relations
between capital and labor, by providing for certain employment standards and a legal
framework for negotiating, adjusting and administering those standards and other incidents of
employment.
Labor Standard - are the minimum requirements prescribed by existing laws, rules and
regulations relating to wages, hours of work, cost-of-living allowance, and other monetary and
welfare benefits, including occupational, safety, and health standards.
Labor Relations - it is that body of statutes, rules, principles and doctrines that governs the
rights and duties of workers and employers by establishing a legal framework within which
better terms and conditions of work could be obtained through collective bargaining or other
concerted activity. This element of labor sets the legal parameters whereby workers may
undertake concerted activities to secure better conditions of employment than those prescribed
by Labor Standards Law
Social Legislation - consists of laws that provide particular kinds of protection or benefits to
society or segments thereof in furtherance of social justice.

15. Who are considered Special Workers in the Labor Code? Explain and Distinguish
them exhaustively.
The following are considered as Special Workers in the Labor Code:
Apprentice is a worker who is covered by a written apprenticeship agreement with an
individual employer or any entities recognized in the Labor Code. A practical training on the job
is conducted to be supplemented by theoretical instruction. Not all industry may hire an
apprentice, it is necessary that the trade or form of employment must be an apprenticeable
occupation. In apprenticeship, the participating enterprise have the option to hire after expiration
of the apprenticeship agreement.
Learners - are persons hired as trainees in semi-skilled and other industrial occupations which
are non-apprenticeable and which may be learned through practical training on the job in a
relatively short period of time which shall not exceed three (3) months.
The participating
enterprise in a learnership agreement is obliged to hire the learner.

Handicapped - are those whose earning capacity is impaired by age or physical or mental
deficiency or injury. Handicapped workers may be employed when their employment is
necessary to prevent curtailment of employment opportunities and when it does not create
unfair competition in labor costs or impair or lower working standards. If the disability of the
person is not in any way or manner related to the work for which he is hired or employed, he
should not be considered as a handicapped worker.

Labor Law 1 Preliminaries

Atty. Porfirio DG. Panganiban, Jr.

Submitted By: Rigel A. Villanueva